FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD. Mission Inn Resort & Club County Road 48 Howey-in-the-Hills, FL

Transcription

1 FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD Mission Inn Resort & Club County Road 48 Howey-in-the-Hills, FL April 10 12, 2013 MEETING MINUTES Pending Approval Board Members Present Robert Moody, Chair James Evetts Edward Weller Roy Lenois Jacqueline Watts Albert Korelishn Paul Del Vecchio Mary Layton Carl Engelmeier Aaron Boyette Michelle Kane Mark Pietanza Board Members Absent Brian Cathey, Vice Chair Kristin Beall (Friday only) Richard Kane (Friday only) Christopher Cobb William Sheehan Others Present Drew Winters, Executive Director, DBPR Amanda Wynn, Government Analyst, DBPR David Spingler, Government Analyst, DBPR Tom Barnhart, Legal Advisor, AGO Paul Waters, Chief Prosecuting Attorney, DBPR Page 1 of 15

2 ADDITIONAL BUSINESS ENTITIES REVIEW Division I board members met for Additional Business Entities Review on April 10, 2013 from 2:06 3:40 pm. Mr. Boyette led the meeting. Of the 36 applications scheduled for review, 15 were approved, 5 were contingently approved, 3 were denied, 9 were continued, 3 were withdrawn, and 1 was pulled. APPROVED (15) Bible, James Coats, Michael Curiel, Leonardo Dean, William (Manhattan Hewes Constructoin A Joint Venture) Dean, William (Manhattan Twins A Joint Venture) Dillon, John Dudeck, Chad Fila, Bruce Grant, Carter Kirkman, Jimmy Moss, Scott Pileggi, Salvatore Spielvogel, William Stebbins, Ed Walden, William CONTINGENT APPROVALS (5) Albanese, Charles Contingent upon showing proof of W2 employment Fellon, Mark Contingent upon showing proof of W2 employment Fiddler, Kerrith Contingent upon showing proof of 25% granted ownership in company to be qualified Mantis, Scott Contingent upon showing proof of W2 employment and proof of granted ownership Richardson, Ronald Contingent upon verification of percentage of ownership confirming he does in fact own 25% DENIED (3) Becker, Stephen Casariego, Oscar Gorra, Egbert CONTINUED (9) Crews, William 60 days Douglass, Bradley 30 days Foster, Stephen 90 days Hewitt, Richard 60 days Jones, Andrew 30 days Jordan, Thomas 60 days Miller, Bradley 30 days Nieto, Nancy 60 days Sorensen, Kenneth 30 days Page 2 of 15

3 WITHDRAWN (3) McCloskey, Michael Tarquinio, Fred Valdini, Gene PULLED (1) De Zayas, Alan Division II Board members met for Additional Business Entities Review on April 11, 2013 from 1:34 2:06 pm. Mr. Pietanza led the meeting. Of the 7 applications scheduled for review, 5 were approved, 1 was continued, and 1 was withdrawn. APPROVED (5) Buck, Shawn Hensley, Kevin Morris, Mitchell Renda, Frank Savoie, Raymond CONTINUED (1) De Izaguirre, Frank 60 days WITHDRAWN (1) Williamson IV, Roderick APPLICATION REVIEW Division I Board members met for Application Review on April 10, 2013 from 4:08 5:27 pm. Mr. Evetts led the meeting. Of the 19 applications scheduled for review, 5 were approved, 1 was contingently approved, 5 were continued, 5 were denied, 3 were withdrawn, and 1 was pulled. APPROVED (4) Billings, Scott Chen, Stanley Diaz, Daniel (as downgrade to a CBC license) Vale, Michael (as downgrade to a CRC license) CONTINGENT APPROVALS (1) Esquerre, Francis Contingent upon proof of satisfaction of lien within 30 days CONTINUED (5) Eskelson, Brian 90 days Hlaing, Tin 60 days Mitchell, Steven 90 days Porosky, Christopher 60 days Schafstall, Charles 60 days Page 3 of 15

4 DENIED (5) Higgins, Brian Liddicoat Jr., Austin Pichotta, Jeffrey Simms, Richard Sitka, Matthew WITHDRAWN (3) Barton, Zachary Pickens, James Williamson, Brian PULLED (1) Sicca, David Division II Board members met for Application Review on April 11, 2013 from 2:18 4:56 pm. Ms. Watts led the meeting. Of the 34 applications scheduled for review, 15 were approved, 5 were continued, 6 were denied, 7 were withdrawn, and 1 was pulled. APPROVED (15) Allen, Ricky Bick, Dan Burkhalter, Joseph Cullen, Daniel Eary, Benjamin Emery, Charles Fetner, Fritz Grantham, Ryan Green, William (as Class A air conditioning contractor) Haley, Jeffery (as Class A air conditioning contractor) Hurley, John Moratto, Lorraine O Born, Joshua Riggs, William Wendel, John CONTINUED (5) Gloin, Christopher 30 days McNutt, Steven 30 days Ortengren, Richard 60 days (roofing contractor s license application) Toth, Roberto 60 days Zullo, Adrian 60 days DENIED (6) Badri, Aaron Benesh, Ryan Berg, John Bischoff, Christopher Page 4 of 15

5 Rich, David Smith, Kevin WITHDRAWN (7) Faircloth, Jeffery Huston, Kyle Kidd, Claude Nunes, Seth Ortengren, Richard (solar contractor s license application) Pease, Tommy Snyder, Michael PULLED (1) White, James Division I voted unanimously to ratify the list of financially responsible officer applications. Division II voted unanimously to ratify the list of financially responsible officer applications. PROBATION The Division I Probation Committee convened on April 11, 2013 from 10:01 10:18 pm. Mr. Kane led the meeting. Fernando Barberena, CGC Result: Stay of Suspension Lifted Carlos Guerrero, CGC Result: Probation terminated as licensee provided bond showing financial responsibility Christopher Hayes, CRC Robert Haynes, CGC Guy Huard, CBC Result: Continuance granted Samuel Joseph, CGC Result: Stay of Suspension Lifted (see Old Business in General Session for reconsideration) Kenneth Messier, CBC Result: Continuance granted Ricardo Ordonez, CBC Page 5 of 15

6 Steven Pavich, CBC Michael Porath, CBC Edsun Segundo, CGC Result: Stay of Suspension lifted Oleksandr Serga, CGC Steven Sills, CBC Result: Unsatisfactory The Division II Probation Committee convened on April 11, 2013 from 1:00 1:28 pm. Mr. Korelishn led the meeting. Douglas Bloomer, CFC Kenneth Brannen, CFC Result: Stay of Suspension lifted Michael Cantrell, CCC Wayne Giese, CAC Raymond Kent, CAC Charles McHone, RC Patrick Muth, CFC Eric Smith, CFC Charles Stoetzel, CPC GENERAL SESSION Page 6 of 15

7 The meeting was called to order by Robert Moody, Chair, at 9:04 am. Ms. Watts gave the Invocation. Ms. Layton led the Pledge of Allegiance. REVIEW OF MINUTES The board voted unanimously to approve the following minutes: March 2013 EXECUTIVE DIRECTOR S REPORT DREW WINTERS Mr. Winters gave the following report: Mr. Winters informed the board that a media request was presented to the Board, and Mr. Winters wanted to remind the Board that if they are presented with a media request, to be sure to let Drew know so that he can coordinate with the Office of Communications on a response. Mr. Winters also informed the Board that the Senate confirmed the following appointments: Mr. Moody Mr. Cathey Ms. Watts Ms. Beall Mr. Boyette Mr. Kane Mr. Korelishn Mr. Cobb Mr. Winters informed the Board that Mr. Sheehan was reappointed, and that both his reappointment, and Ms. Layton s appointment, will be going to the Senate for confirmation soon. Mr. Winters asked the Board to excuse the following absences: Mr. Cobb Mr. Cathey Mr. Sheehan Ms. Beall (Friday only) Mr. Kane (Friday only) With nothing further to report the board voted unanimously to approve this report. CHAIRMAN S REPORT ROBERT MOODY Mr. Moody gave the following report: Page 7 of 15

8 Mr. Moody mentioned to the Board that the demolition license examination is currently being developed, but is being put on hold because of proposed legislation. Mr. Winters further explained that House Bill 1245 is proposing to revert Section back to its previous version, which exempted from licensure individuals who demolished buildings or residences under 3 stories in height. Mr. Winters explained the change in the statute last year necessitated the development of the specialty license, and if that section of the statutes is reverted to its previous version, the creation of that specialty license isn t really required. Mr. Winters informed the board that they aren t sure if that legislation will pass, but he wanted to present it to the board to see if the legislation does pass, if the board would request the removal of that specialty license type. Mr. Evetts asked Mr. Winters if there was something the Board can do to require a statewide license for demolition, even if this section of the statutes is reverted to its previous version. Mr. Winters stated that mandatory licensing requirements cannot be created by the Board; they can only be created by the legislature. Mr. Winters also stated that the specialty licenses are voluntary licenses for specific scopes of work that are already mandatory in certain sections of the Statutes; they do not impose mandatory licensing requirements for scopes of work outside of what the legislature has determined is mandatory. With nothing further to report the board voted unanimously to approve this report. PROSECUTING ATTORNEY S REPORT PAUL WATERS Mr. Waters reported that during Final Action the board heard 26 cases. Division II heard three cases with one of those being continued. Division I & II heard two cases, one of which was continued, and Division I heard 18 cases with three being continued. Mr. Waters indicated that the total case load for licensed cases is 309, and the total for unlicensed cases is 221. Mr. Waters also assured the board that certain language which normally appears in final orders for voluntary relinquishments will continue to appear in those orders. With nothing further to report the board voted unanimously to approve this report. ATTORNEY GENERAL S REPORT TOM BARNHART KENNETH BARFIELD REQUEST FOR INFORMAL HEARING Mr. Barfield was present with Counsel. Mr. Barnhart presented this case stating Mr. Barfield s application to qualify an additional business entity was denied at the February 2013 meeting of the board for failure to appear, as required by Rule 61G , Florida Administrative Code. The Notice of Intent to Deny was filed in March of Mr. Barfield timely requested board reconsideration. After discussion the board voted to approve the application. Page 8 of 15

9 PAUL CASTELL REQUEST FOR INFORMAL HEARING Mr. Castell was present. Mr. Barnhart presented this case stating Mr. Castell s application for initial issuance of a certified mechanical contractor s license was denied at the February 2013 meeting of the board for failing to demonstrate the required experience, pursuant to Section , Florida Statutes, and Rule 61G , Florida Administrative Code. The Notice of Intent to Deny was filed in March of Mr. Barnhart timely requested board reconsideration. After discussion the board voted to grant Mr. Castell a 60 day continuance to provide additional documentation relating to his experience. DANIEL CHEN-FUNG PETITION FOR VARIANCE AND WAIVER Mr. Chen-Fung was present. Mr. Barnhart presented this case stating Mr. Chen-Fung filed a petition for variance and waiver on March 14, The petition for variance and waiver was noticed in the Florida Administrative Register on March 27, Mr. Barnhart noted the petitioner seeks a waiver from Rule 61G , Florida Administrative Code, to extend the duration of validity of his exam scores beyond the 4 year time limit, and allow him to submit his expired test scores with an application for license in lieu of retaking the examination. Mr. Barnhart asked the board to consider the petition and grant or deny the waiver as required. After discussion the board voted to deny the petition. ANTHONY CLARK MOTION TO RECONSIDER (REGISTERED BUILDING CONTRACTOR S APPLICATION) Mr. Clark was present. Mr. Barnhart presented this case stating Mr. Clark s application for a registered building contractor s license was denied at the February 2013 meeting of the board for as the applicant has been convicted, found guilty of, or entered a plea of nolo contendre to crimes related to the practice of contracting, contrary to Section (1)(c) and (1)(b), Florida Statutes. Mr. Clark requested the board reconsider his application prior to the Notice of Intent to Deny being filed. After discussion the board voted to approve the application. ANTHONY CLARK MOTION TO RECONSIDER (CERTIFIED GENERAL CONTRACTOR S APPLICATION) Mr. Clark was present. Page 9 of 15

10 Mr. Barnhart presented this case stating Mr. Clark s application for a certified general contractor s license was denied at the November 2012 meeting of the board for failing to demonstrate the required experience, pursuant to Section , Florida Statutes, and Rule 61G , Florida Administrative Code. The Notice of Intent to Deny was filed in January of Mr. Clark timely requested board reconsideration and had an informal hearing heard at the February 2013 meeting of the board, in which the board voted to uphold the denial of the application. Mr. Clark requested the board reconsider their decision, vacate the denial of the application, and allow him to withdraw the application. After discussion the board voted to vacate the denial of the application and allowed Mr. Clark to withdraw the application. DEBRA DEAN REQUEST FOR INFORMAL HEARING Ms. Dean was present. Mr. Barnhart presented this case stating Ms. Dean s application for initial issuance of a certified roofing contractor s license was denied at the January 2013 meeting of the board for failing to demonstrate the required experience, pursuant to Section , Florida Statutes, and Rule 61G , Florida Administrative Code. The Notice of Intent to Deny was filed in February of Ms. Dean timely requested board reconsideration. After discussion the board voted to vacate the denial of the application and allow Ms. Dean to withdraw the application. JEREMY EARL PETITION FOR A DECLARATORY STATEMENT Mr. Earl was present. Mr. Barnhart presented this case stating Mr. Earl filed a petition for a declaratory statement on March 22, The petition was noticed in the Florida Administrative Register on April 2, Mr. Barnhart noted the petition seeks the Board s interpretation of Rule 61G , and whether his license as a marine contractor is sufficient to apply for the permit and be the primary contractor on a Florida Department of Environmental Protection project involving pile driving, framing, and concrete construction. Mr. Barnhart asked the board to consider whether or not the petition meets the criteria for a declaratory statement, and to dismiss or answer as appropriate. After discussion the board voted that the petitioner had standing. After further discussion the board voted that the work described in the petition is within the scope of work of a marine contractor s license, but that the board would not issue an opinion on any requirements imposed by the DEP or local municipality. MARK FETHERMAN PETITION FOR VARIANCE AND WAIVER Mr. Fetherman was present. Page 10 of 15

11 Mr. Barnhart presented this case stating Mr. Fetherman filed a petition for variance and waiver on February 11, The petition for variance and waiver was noticed in the Florida Administrative Register on February 20, Mr. Barnhart noted the petitioner seeks a waiver of Rule 61G (11)(a), Florida Administrative Code, which requires a delinquency fee of $ for late renewal of the license. Mr. Barnhart asked the board to consider the petition and grant or deny the waiver as required. After discussion the board voted to deny the petition. RAUL GUERRA REQUEST FOR INFORMAL HEARING Mr. Guerra was present. Mr. Barnhart presented this case stating Mr. Guerra s application to qualify an additional business entity was denied at the November 2012 meeting of the board for failure to appear as required by Rule 61G , Florida Administrative Code. The Notice of Intent to Deny was filed in January of Mr. Guerra timely requested an informal hearing which was heard at the February 2013 meeting of the board. Mr. Guerra failed to appear at that hearing and the board voted to uphold the denial of the application. The Final Order was filed in March of Mr. Guerra timely requested the board vacate the final order denying the application and grant him the license. After discussion the board voted to approve the application. CARLOS HERNANDEZ REQUEST FOR INFORMAL HEARING Mr. Hernandez was not present and requested a 60 day continuance of the hearing prior to the board meeting. After discussion the board voted to grant a 60 day continuance. ANGELA RAMIREZ REQUEST FOR INFORMAL HEARING Mr. Ramirez was present. Mr. Barnhart presented this case stating Ms. Ramirez application for initial issuance of a certified general contractor s license was denied at the February 2013 meeting of the board for failing to demonstrate the required experience, pursuant to Section , Florida Statutes, and Rule 61G , Florida Administrative Code. The Notice of Intent to Deny was filed in March of Ms. Ramirez timely requested board reconsideration. After discussion the board voted to approve the application as a downgrade to a certified residential contractor s license. JAMES RANSCO REQUEST FOR INFORMAL HEARING Mr. Ransco was not present. Page 11 of 15

12 Mr. Barnhart presented this case stating Mr. Ransco s application for initial issuance of a certified general contractor s license was denied at the February 2013 meeting of the board for failing to demonstrate the required experience, pursuant to Section , Florida Statutes, and Rule 61G , Florida Administrative Code. The Notice of Intent to Deny was filed in March of Mr. Ransco timely requested board reconsideration and requested a downgrade of his application to that of a certified building contractor s license. After discussion the board voted to uphold the denial of the application. MARSHA DIQUEZ MOTION FOR AMENDED PAYMENT PLAN Ms. Diquez was not present. Mr. Barnhart presented this case stating a $10,000 fine was imposed against Ms. Diquez certified commercial pool/spa contractor s license as a result of disciplinary action. The final order was filed in August of Ms. Diquez filed a petition for an amended payment plan in April of 2013 in which she requested the board to allow her to make monthly payments of $100 per month until her income has increased. After discussion the board voted to deny the petition. ALAN TARPELL MOTION FOR PAYMENT PLAN OF RECOVERY FUND RESTITUTION Mr. Tarpell was present. Mr. Barnhart presented this case stating a final order for Recovery Fund claim was filed on March 21, 2013, which requires Mr. Tarpell to recompense the Florida Homeowners Construction Recovery Fund the amount of $20,000 upon payment of the claim to the claimant, pursuant to Section (8), Florida Statutes. Mr. Tarpell filed a motion for a payment plan on March 27, 2013 and requested the board stay the suspension of his license upon payment of the claim, and allow him to repay the Recovery Fund $ per month for three years until the Recovery Fund is satisfied in full. After discussion the board voted to approve the payment plan, under the condition that if one payment is missed the stay of suspension will be lifted on Mr. Tarpell s license, and his license will not be reinstated until the full amount of the claim has been repayed. With nothing further to report the board voted unanimously to approve this report. COMMITTEE REPORTS EXAMS/CE/PUBLIC AWARENESS COMMITTEE ROY LENOIS Mr. Lenois gave the following report: AAA Construction School, Inc. Page 12 of 15

13 1 st Course: Five Mandatory Hours approved BOAF/FHBA Construction Training 1 st Course: Advanced Applying the Existing Building Code approved (as general) 2 nd Course: Advanced Dealing with Floodplains approved (as general) 3 rd Course: Mitigation Techniques and Inspections approved 1 st and 2 nd Course were submitted jointly to the Florida Building Commission for approval of Building Code Advanced Module Breaking Ground Contracting School d/b/a Breaking Ground Education Services 1 st Course: Green Building Series: Introduction to Green Globes, Passive House, and Living Building Challenge continued 2 nd Course: Green Building Series Part 1: Introduction to Green Globes continued 3 rd Course: Green Building Series Part 2: Introduction to Passive House continued 4 th Course: Green Building Series Part 3: Introduction to Living Building Challenge continued Building Officials Association of Florida 1 st Course: Building Code Administrators and Inspectors Board Update continued 2 nd Course: Update continued 3 rd Course: Florida Building Commission Update continued Florida Association of Plumbing, Heating, & Cooling Contractors 1 st Course: Flat Rate Pricing Making it Work for You and Your Customer approved (as general) 2 nd Course: Section 489 Case Studies approved (as laws & rules) 3 rd Course: Water Auditing Is this Untapped Asset for Your Company? approved (as general) Florida Home Builders Association 1 st Course: Homes that Work Energy Efficient New Construction approved 2 nd Course: Homes the Work Remodeling for Energy Efficiency approved FRSA Educational and Research Foundation 1 st Course: Crisis Management approved (as general, no business practices) 2 nd Course: Priorities that Drive Profitability approved (as general only) 3 rd Course: Vehicle Safety - approved Gold Coast School of Construction, Inc. 1 st Course: Know your Contracting Law (Classroom Version) continued 2 nd Course: Know your Contracting Law (Online Version) continued Guignard Company 1 st Course: Surety Bonding for Construction Contractors approved Hanley Wood Exhibitions 1 st Course: Value-Added Construction with ICF (Insulating Concrete Forms) Modules - approved Page 13 of 15

14 National Comfort Institute, Inc. 1 st Course: Balancing the Residential System approved 2 nd Course: Essentials of Air Balancing approved 3 rd Course: Light Commercial Air Balancing approved 4 th Course: Light Commercial System Performance approved 5 th Course: Measure and Improve System Performance 1 approved 6 th Course: Measure and Improve System Performance 2 approved National Swimming Pool Foundation 1 st Course: Pool Operator Primer approved Smith, Currie, Hancock, LLP 1 st Course: Common Sense Construction Law for Florida Contractors approved Sunshine State One-Call of Florida, Inc., d/b/a Sunshine st Course: Safety Matters approved Total Tech, LLC 1 st Course: Air Conditioning Diagnostics denied 2 nd Course: Electrical Diagnostics denied 3 rd Course: Heat Pump Diagnostics approved 4 th Course: Thermostatic Expansion Valve Diagnostics approved The above four courses were informal hearings which were continued from the March 2013 meeting. United Pool & Spa Association 1 st Course: Public Swimming Pool Final Inspections approved 2 nd Course: Public Swimming Pool Plan Review approved With nothing further to report the board voted to approve this report. RULES/PUBLIC/LEGISLATIVE COMMITTEE MARK PIETANZA Mr. Barnhart gave the following report: The following Proposed Rules have been Adopted: 61G Definitions 61G Continuing Education Requirements for Certificateholders and Registrants With nothing further to report the board voted to approve this report. OLD BUSINESS Mr. Moody presented a probationer, Samuel Joseph, who was absent for his probation hearing on Thursday, April 11. After discussion the board voted to reconsider the previous decision to give Mr. Joseph an unsatisfactory, and further voted to give Mr. Page 14 of 15

15 Joseph a satisfactory appearance and reinstate the stay of suspension on Mr. Samuel s license. Removal of old materials from laptop. NEW BUSINESS No New Business was discussed. With no further business the meeting was adjourned at 11:33 am. Page 15 of 15